High Court Kerala High Court

E.J.Jose vs District Collector on 18 August, 2009

Kerala High Court
E.J.Jose vs District Collector on 18 August, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 23521 of 2009(I)


1. E.J.JOSE, S/O.EDAKKALATHOOR JACOB,
                      ...  Petitioner

                        Vs



1. DISTRICT COLLECTOR, THRISSUR.
                       ...       Respondent

2. TAHSILDAR, CHAVAKKAD TALUK,

3. GURUVAYOOR MUNICIPALITY,

                For Petitioner  :SRI.V.C.MADHAVANKUTTY

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :18/08/2009

 O R D E R
                           V.GIRI, J
                         -------------------
                     W.P.(C).23521/2009
                        --------------------
           Dated this the 18th day of August, 2009

                         JUDGMENT

Heard learned counsel for the petitioner, learned

Government Pleader and learned counsel for the 3rd

respondent, Municipality.

2. Petitioner’s father, Edakkalathoor Jacob, was a

licensee of the 3rd respondent conducting a business in

Room No.XIX/7 of Guruvayoor Municipality and the

petitioner is one of the legal heirs. According to the

petitioner, other legal heirs had consented to him

continuing the business as a licensee. An application was

submitted by the petitioner before the Municipality for

transfer of the licence from the name of the deceased Jacob

to his name. Municipality required a legal heir ship

certificate. Petitioner applied for the same before the

Tahsildar, the 2nd respondent, who has rejected it under

Ext.P3, which does not disclose any reasons.

3. Tahsildar is expected to give reasons as to why he is

W.P.(C).23521/09
2

unable to accept the request. Accordingly, Ext.P3 is set

aside and the 2nd respondent shall pass fresh orders on the

petitioner’s application for a legal heir ship certificate

within two weeks from the date of receipt of a copy of this

judgment. If the Tahsildar has any objection, he may issue

notice to the other legal heirs of the deceased

Edakkalathoor Jacob, before responding to the petitioner’s

request.

Writ petition is disposed of as above.

V.GIRI,
Judge

mrcs